any dispute in accordance with the procedure outlined in paragraph h) below. g) Prior to the time when such power may be conferred by law upon the aeronautical authorities of the United States, if one of the Contracting Parties is dissatisfied, with any rate proposed by the air carrier or carriers of either Contracting Party for services from the territory of one Contracting Party to a point or points in the territory of the other Contracting Party, it shall so notify the other prior to the expiry of the first fifteen of the thirty day period referred to in paragraph d) above, and the Contracting Parties shall endeavor to reach agreement on the appropriate rate. In the event that such agreement is reached each Contracting Party will use its best efforts to cause such agreed rate to be put into effect by its air carrier or carriers. It is recognized that if no such agreement can be reached prior to the expiry of such thirty days, the Contracting Party raising the objection to the rate may take such steps as it may consider necessary to prevent the inauguration or continuation of the service in question at the rate complained of. h) When in any case under paragraph f) and g) above the aeronautical authorities of the two Contracting Parties cannot agree within a reasonable time upon the appropriate rate after consultation initiated by the complaint of one Contracting Party concerning the proposed rate or an existing rate of the air carrier or carriers of the other Contracting Party, upon the request of either, both Contracting Parties shall submit the question to the Provisional International Civil Aviation Organization or to its successor for an advisory report, and each Party will use its best efforts under the powers available to it to put into effect the opinion expressed in such report. SECTION VI a) For the purpose of the present Section, the term "Transshipment" shall mean the transportation by the same carrier of traffic beyond a certain point on a given route by different aircraft from those employed on the earlier stages of the same route. b) Transshipment when justified by economy of operation will be permitted at all points mentioned in the attached Schedule in territory of the two Contracting Parties. c) However, no transshipments will be made in the territory of either Contracting Party which would alter the long range characteristics of the operation or which would be inconsistent with the standards set forth in this Agreement and its Annex and particularly Section IV of this Annex. SECTION VII Changes made by either Contracting Party in the routes described in the attached Schedule except those which change the points served by these 219-919-70-41 airlines in the territory of the other Contracting Party shall not be considered as modifications of the Annex. The aeronautical authorities of either Contracting Party may therefore proceed unilaterally to make such changes, provided, however, that notice of any change is given without delay to the aeronautical authorities of the other Contracting Party. If such other aeronautical authorities find that, having regard to the principles set forth in Section IV of the present Annex, interests of their air carrier or carriers are prejudiced by the carriage by the air carrier or carriers of the first Contracting Party of traffic between the territory of the second Contracting Party and the new point in the territory of a third country, the authorities of the two Contracting Parties shall consult with a view to arriving at a satisfactory agreement. SECTION VIII After the present Agreement comes into force, the aeronautical authorities of both Contracting Parties will exchange information as promptly as possible concerning the authorizations extended to their respective designated air carriers to render service to, through and from the territory of the other Contracting Party. This will include copies of current certificates and authorizations for service on the routes which are the subject of this Agreement and, for the future, such new authorizations as may be issued together with amendments, exemption orders and authorized service patterns. SCHEDULE (Points on any of the routes may, at the option of the air carrier, be omitted on any or all flights.) 1. Route to be served by the air carriers of Belgium: Belgium to New York by a direct route via the British Isles and other intermediate points; in both directions. 2. Routes to be served by the air carriers of the United States: A. The United States to Brussels by a direct route via the British Isles and other intermediate points, and then via intermediate points to India and beyond; in both directions. B. The United States via the Azores and Dakar (and via South America) and intermediate points to Leopoldville and beyond via intermediate points to the Union of South Africa; in both directions. PROTOCOL OF SIGNATURE It appeared in the course of negotiations leading up to the conclusion of the Agreement on air services between the territory of the United States of America and Belgian territory signed at Brussels today that the representatives of the two Contracting Parties were in agreement on the following points: 1°) The air carriers of the two Contracting Paries operating on the routes described in the Annex of said Agreement shall enjoy equal opportunity for the operation of the said routes. 2°) To the extent that the carrier or carriers of one of the Governments is temporarily unable to take advantage of such opportunities as a result of the war, the situation will be mutually examined by the two governments for the purpose of aiding as soon as possible the said air carrier or carriers to increasingly make their proper contribution to the services contemplated. 3°) Such airports as may have been constructed on Belgian territory and financed in whole or part by the Government of the United States and which will be open to international civil traffic will be open to the duly authorized air carriers of the United States who will enjoy thereon, on a non-discriminatory basis, rights of transit and non-traffic stop. They will likewise enjoy there the commercial rights which may be granted them by the present Agreement or any other agreement now in force or later concluded. 4°) In order to give effect to the provisions of Section V (f) of the Annex to the Agreement, the executive branch of the United States Government will use its best efforts to secure legislation empowering the aeronautical authorities of the United States to fix fair and economic rates for international services and to suspend proposed rates, in the same manner as the Civil Aeronautics Board is qualified to act with respect to air transportation within the United States. 5°) It is recognized that the determination of tariffs to be applied by an air carrier of one Contracting Party between the territory of the other Contracting Party and a third country is a complex question, the overall solution of which cannot be sought through consultation between only two countries. It is noted, furthermore, that the method of determining such tariffs is now being studied by the Provisional International Civil Aviation Organization. It is understood under these circumstances: a) That, pending the acceptance by both parties of any recommendations which the Provisional International Civil Aviation Organization may make after its study of this matter, such tariffs shall be subject to consideration under the provisions of Section IV (b) of the Annex to the Agreement. b) That in case the Provisional International Civil Aviation Organization fails to establish a means of determining such rates satisfactory to both Contracting Parties, the consultation provided for in Article XII (b) of the Agreement shall be in order. 6°) It is understood that the United States air carrier or air carriers operating on the route listed in the Annex as Route n° 2 B will afford reasonable service at Léopoldville. Done at Brussels, this fifth day of April, 1946, in duplicate in the English and French languages, each of which shall be of equal authenticity. For the Government of the United States of America, ALAN G. KIRK [SEAL] For the Belgian Government: P. H. SPAAK [SEAL] LEND-LEASE SETTLEMENT Memorandum of understanding and agreement signed at Washington Entered into force September 24, 1946 Amended by agreements of May 12, 1949,1 and January 20 and April 2, 1954 2 62 Stat. 3984; Treaties and Other International Acts Series 2064 MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF BELGIUM REGARDING SETTLEMENT FOR LEND-LEASE, RECIPROCAL AID, PLAN A SURPLUS PROPERTY, AND CLAIMS The Government of the United States of America and the Government of Belgium have reached an understanding regarding a settlement for lendlease and reciprocal aid, for the Belgian Government's obligation to the United States Government for civilian supplies furnished under the military relief program (Plan A), for certain surplus property, and for other financial claims of each Government against the other arising out of the conduct of the war. This settlement is complete and final. In arriving at this understanding, both Governments have recognized the benefits accruing to each from their contributions to the defeat of their common enemies, and have adhered to the principles expressed in Article VII of the preliminary agreement on principles applying to mutual aid in the prosecution of the war against aggression, signed at Washington on June 16, 1942.3 Both Governments agree that their contributions to each other in the common war effort through lendlease, reciprocal aid and Plan A are substantially in balance. They agree that no further benefits are due or will be sought by either Government from the other on these accounts or, except as hereinafter specifically provided, as consideration for surplus property or the settlement of claims or other obligations arising out of the war. 1. In recognition of the mutual benefits received by the two Governments from the interchange of lend-lease and reciprocal aid, and from the United States share of civilian supplies furnished under the military relief program (Plan A), it is agreed that: |